Receiving Zakah to pay for education while possessing Nisaab
Fatwa No: 233155

Question

I am a student of bsc engineering.I applied for a scholarship during my studies.Scholarship was given to me as zakat.My family was under financial crisis at that time, it was so hard for my parents to fulfill my tution fee but we do had money greater than nisaab.My question is that was i eligible for the scholarship as zaakat? and if i had taken it wrongly then what is the kafaara for that?kindly answer in the light of quran n hadees

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His Slave and Messenger.

A university student is not entitled to Zakah to pay for his tuition except under three conditions, which we will summarize as follows:

1. That he or she is studying Islamic studies or other studies that are a communal obligation. Anyone who is preoccupied with a communal obligation that is to the greater interest of the Muslims, it is permissible to give him or her Zakah. Some contemporary scholars have even held that a student of beneficial knowledge is entitled to Zakah without the condition that it is Islamic knowledge or a communal obligation. The view we adopt here in Islamweb is the former, namely that it should be either Islamic knowledge or a knowledge that is a communal obligation.

2. That he or she is intelligent and expected to acquire knowledge; I’aanat At-Taalibeen (a Shaafi'i book) reads: “If one is preoccupied with acquiring Islamic knowledge and expected to be a high achiever, and earning his own income would prevent him from seeking knowledge, then it is an obligation to provide for his needs and he should not be burdened to earn a living.”

3. That he does not have enough to pay for his studies, and he is not able to study and make a living simultaneously, such that if he works to earn a living, he would abandon his studies. Ibn Hajar Al-Haythami says in Al-Fataawa Al-Fiqheeyah Al-Kubra: “If someone is too preoccupied to make a lawful, suitable living that provides for his needs and the needs of his dependents because he is learning Islamic knowledge or knowledge that helps in acquiring Islamic knowledge [like Arabic language, for example] and he is mentally able to acquire such knowledge, or because he is learning the Quran - not because he is preoccupied doing voluntary acts of worship, then he is entitled to as much of the Zakah to provide for his needs and the needs of his dependents over his average life span."

It should be thereby clear to you when you are entitled to Zakah. As regards you having a Nisaab (minimum amount liable for Zakah), as you mentioned, then if you mean that your father possesses the Nisaab, then this does not prevent you from receiving Zakah, provided the above conditions are met; as a father is not obliged to pay for his son's studies in the university. But if you mean that you yourself possess the Nisaab and you are able to pay for your studies, then it is not permissible for you to receive Zakah as long as you possess enough money to pay for your studies, whether it reaches the Nisaab or is less or more than it.

However, if what you possess is not enough for your tuition, then you are entitled to as much Zakah as you need to provide for your need. However, it is not permissible to receive Zakah directly if you have sufficient funds to pay for your studies. In that case, you are obliged to return whatever Zakah you have received. Mataalib Uli An-Nuha [a Hanbali book] reads: “If Zakah is given to someone who is not eligible for it, because the payer was unaware of the receiver's circumstances, then the receiver is obliged to return it to him [the payer] as well as any profits gained in addition to it, whether the profit is directly related to it, like the growing of a sheep, or separate, like the sheep having offspring, as it is an addition derived from the origin; and if the Zakah is damaged while being possessed by the receiver and he was not eligible for it, then he is liable to substitute it or compensate the value thereof, as he was not eligible for it in principle.”

Allaah Knows best.

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